K.Thandapany v. The Transport Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 5151 of 2024 K.Thandapany ... Petitioner -vs1. The Transport Commissioner/Secretary, State Transport Authority, Ezhilagam, Chepauk,
2. Tamil Nadu State Transport Corporation, Thiruvalluvar House, Pallavan Salai,
3. The State Transport Authority, Puducherry.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to forbear the Second Respondent from interfering with the operation of the Petitioner's vehicle having permit to ply on the inter-state route "Pondicherry to Madras" viz., Marakanam, Chunaampet, Madurantakam and Chengalpet. For Petitioner : Ms. Bhargavi Gopalan For Respondents : Mr. V.Ravi, Special Government Pleader 1/5
O R D E R
Heard Ms. Bhargavi Gopalan, Learned Counsel for the Petitioner and Mr. V.Ravi, Learned Special Government Pleader, who takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that he had made a representation dated 31.01.2024 to the First Respondent to forbear the Second Respondent from interfering with the operation of the Petitioner's vehicle having permit to ply on the inter-state route 'Pondicherry to Madras', viz., Marakanam, Chunaampet, Madurantakam and Chengalpet, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 3.
Learned Special Government Pleader appearing for the Respondents, on instructions, states that the enquiry on the aforesaid representation has been fixed on 07.03.2024 and he has made an endorsement to that effect in the court record.
4.
In such circumstances, it shall be incumbent upon the First Respondent to send due notice to the Petitioner and all other persons concerned to attend the 2/5
hearing on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearing every month showing progress of the case. After affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the First Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court.
In the result, the Writ Petition is disposed with the aforesaid observations. No costs.
23.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.05.2024.
kv To
1. The Transport Commissioner/Secretary, State Transport Authority, Ezhilagam, Chepauk, 3/5
2. Tamil Nadu State Transport Corporation, Thiruvalluvar House, Pallavan Salai,
3. The State Transport Authority, Puducherry.
Copy to
1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.
2. K.Thandapany, S/o. N.Krishnasamy Chettiar, Prop. Vijayalakshmi Transport Service, 179, Calve Subraya Chetty Street, Puducherry - 605 001.
4/5
P.D. AUDIKESAVALU, J.
kv 23.02.2024 5/5